Madhavi v. Inspector Of Police

Crl.O.P.No.2808 of 2024 C.V.KARTHIKEYAN,J.

The petitioner/A3 in Crime No.8 of 2024 registered by the respondent police for the offences punishable under Sections 294(b), 341, 323 and 506(ii) of IPC seeks anticipatory bail.

2. It is stated that the brother's son of the defacto complainant and the first accused used to consume alcohol together. That was warned by the defacto complainant. The accused is said to have entered into a dispute on that issue, which disputed escalated into violence.

3. Taking all the factors into consideration and also the fact that A1 and A2 had been arrested and granted bail, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

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4. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Munsif-Cum-Judicial Magistrate, Needamangalam, Thiruvarur District on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. 2/4

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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C.V.KARTHIKEYAN,J.

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